COMMISSIONERS MINUTES                                       JULY 11, 2005

 

The Elmore County Commissioners met in regular session on the above date in the Commissioner’s Room, basement of the Elmore County Courthouse, 150 South 4^th East, Mountain Home, Idaho.

 

Present at the meeting were Chairman Larry Rose, Commissioners Mary Egusquiza and Connie Cruser.  Also present at the meeting was Clerk Gail Best.

 

Motion by Rose, second by Cruser, to approve the payroll for June, 2005, in the amount of $313,353.13.

ROSE - AYE

EGUSQUIZA - AYE

CRUSER        - AYE     Motion carried and so ordered.

 

Motion by Rose, second by Egusquiza, to approve for the record only, the Recorder’s Office Report, Clerk’s Bail Bond Report, and Treasurer’s Office Report.

ROSE - AYE

EGUSQUIZA - AYE

CRUSER        - AYE     Motion carried and so ordered.

 

Motion by Rose, second by Cruser, to approve the minutes for June 20, 2005, June 23, 2005, June 27, 2005, June 30, 2005 and July 1, 2005.  There was discussion.

ROSE - AYE

EGUSQUIZA - AYE

CRUSER        - AYE     Motion carried and so ordered.

 

Motion by Rose, second by Cruser, to approve the expenses.  There was discussion.  Motion by Rose, second by Cruser to approve the expenses, with the exception of four claim forms in the red dot folder.  Total expenses $256,886.05.

ROSE - AYE

EGUSQUIZA - AYE

CRUSER        - AYE     Motion carried and so ordered.

 

Chairman Rose read the Certificates of Residency into the record: Avery Chavone Brown, Savanna Krystal Burgess, Nancy Domine, Montserrat G. Guadarrama, Janice Rae Heath, Ashley Carol High, Troy Ray Hopkins, Glenn A. Kenney, Sarah L. Morin, Samantha Louise Ross, Kathleen Noel Santos, Ashley R. Sievers, Allisha Dawn Sievers, Bridgett Lee Snyder, William A. Washington, Steven Daniel Williams, and Emmy Lou Zumstein.  Motion by Egusquiza, second by Cruser, to approve and direct the Chairman to sign the Certificates of Residency.

ROSE - AYE

EGUSQUIZA - AYE

CRUSER        - AYE     Motion carried and so ordered.

Prosecutor Schindele joined the meeting.

 

A telephone conference call was placed to Intermountain Communication to discuss the progress on the repeaters that have been purchased with Craig Wyden funds.  Jeff Berger gave the Board the progress on Grape Mountain-needs licensing, Dog Mountain, needs licensing, Iron Mountain has been ordered, and Danskin Mountain-needs licensing.  The Board asked Mr. Berger to send the progress report in writing to them so they would have documentation on the progress of installing the repeaters.  The Board also verified with Mr. Berger that all four repeaters have been paid for.  Mr. Berger stated they were paid for and that the proceeds were being held in a suspense account.  Clerk Best asked if the County would be receiving interest on the money being held in the account since it has been several years since payment.  Mr. Berger stated he would check on that for the County.

 

Ed Frachiseur, Public Defender, appeared before the Board to discuss the billing in question in the amount of $11,000.00 for hiring a firm to do a telephone survey regarding an upcoming homicide case.  Mr. Frachiseur stated it was necessary for his attempt to obtain a change of venue in the case.  Mr. Frachiseur’s upcoming November retirement was discussed and he told the Board to hire a new Public Defender for November 1, 2005.

 

An appeal to the Hiler 3 Lot Split brought by Tag and Robin Hawks was discussed.  Motion by Egusquiza, second by Rose, to uphold the Planning and Zoning Commission decision to approve the Conditional Use Permit to Jack and Courtney Hiler for a proposed 3-Lot Letter of Information Subdivision with the condition that the road(s) fronting the property will be brought up to applicable Highway District standard.

ROSE - AYE

EGUSQUIZA - AYE

CRUSER        - AYE     Motion carried and so ordered.

 

The Findings of Fact for Brown Dairy was reviewed and discussed.

 

The Suiter Lease was discussed and the Prosecutor was asked to review it.

 

Motion by Rose, second by Egusquiza, to recess as a Board of Commissioners and convene as a Board of Equalization.

ROSE - AYE

EGUSQUIZA - AYE

CRUSER        - AYE     Motion carried and so ordered.

 

A Casualty Loss Exemption for 2005 from Juanita Castillo was reviewed.  Ms. Castillo’s 1972 Fairview 14x60 mobile home was destroyed by fire on June 13, 2005 in the KOA mobile home park.  Ms. Castillo has already paid the 2005 taxes in full so a refund of 50% would be required.

Motion by Egusquiza, second by Rose, to accept the casualty loss exemption for Juanita Castillo

and refund one-half of the 2005 taxes already paid.

ROSE - AYE

EGUSQUIZA - AYE

CRUSER        - AYE     Motion carried and so ordered.

 

A property tax exemption for Hammett Community Church was reviewed.  The property was gifted to the Church earlier by a parishioner.  The request for exemption is based on a future park area.  Motion by Rose, second by Cruser, to deny the application until the property has been cleared and used as recreation.

ROSE - AYE

EGUSQUIZA - AYE

CRUSER        - AYE     Motion carried and so ordered.

 

Regular session resumed.

 

Motion by Egusquiza, second by Cruser, to accept the Findings of Facts and Conclusions of Law for the Bernie Brown Dairy.

ROSE - AYE

EGUSQUIZA - AYE

CRUSER        - AYE     Motion carried and so ordered.

 

Jim Sherer a Loss Control Specialist for the State Insurance Fund appeared before the Board to discuss the Worker’s Compensation Experience Rating for Elmore County and the estimated Policy Premium for 2006.  Motion by Rose, second by Cruser, to go into Executive Session pursuant to I.C. 67-2345(d).

ROSE - AYE

EGUSQUIZA - AYE

CRUSER        - AYE     Motion carried and so ordered.

 

Regular session was resumed.  The Clerk was told to be certain an additional $10,000 was budgeted for the 2006 budget for Workmen’s Compensation.  The Safety Resolution will be put on the next agenda as a business item.

 

Motion by Egusquiza, second by Cruser, to recess for lunch.

ROSE - AYE

EGUSQUIZA - AYE

CRUSER        - AYE     Motion carried and so ordered.

 

At 1:15 p.m. the Commissioners met in Executive Session pursuant to I.C. 67-2345(d) on a motion by Rose, second by Cruser, with Social Services Director Marianne Bate.

ROSE - AYE

EGUSQUIZA - AYE

CRUSER        - AYE     Motion carried and so ordered.

 

K-05-05-06 Motion by Egusquiza, second by Cruser, to approve with a reimbursement order of $150.00 per month.

ROSE - AYE

EGUSQUIZA - AYE

CRUSER        - AYE     Motion carried and so ordered.

 

K-05-05-07 Motion by Rose, second by Cruser, to deny as unable to determine residency.

ROSE - AYE

EGUSQUIZA - AYE

CRUSER        - AYE     Motion carried and so ordered.

 

K-06-05-01 Motion by Egusquiza, second by Rose, to deny for all reasons.

ROSE - AYE

EGUSQUIZA - AYE

CRUSER        - AYE     Motion carried and so ordered.

 

K-06-05-02 Motion by Egusquiza, second by Rose, to approve with a reimbursement order.

ROSE - AYE

EGUSQUIZA - AYE

CRUSER        - AYE     Motion carried and so ordered.

 

K-06-05-04 Motion by Rose, second by Cruser, to deny as incomplete application and not last resource.

ROSE - AYE

EGUSQUIZA - AYE

CRUSER        - AYE     Motion carried and so ordered.

 

Regular session resumed.

 

Conflict bids were discussed and will not be reviewed at this time.  The letter from Ratliff Law Offices will be held until such time as the Commissioners wish to address the matter.

 

A letter of support to the Forest Service for the Roaring River Culvert Program was discussed.  Commissioner Egusquiza will draft a letter.

 

Correspondence received by mail was reviewed.

 

Motion by Rose, second by Egusquiza, to go into Executive Session pursuant to I.C. 67-2345(b).

ROSE - AYE

EGUSQUIZA - AYE

CRUSER        - AYE     Motion carried and so ordered.

 

Regular session was resumed.  The Department Head was directed to make the determination of whether unpaid leave could be granted and the change to temporary or part time status would be granted.  The request for Family Medical Leave will be directed to the payroll section.

 

Dan Hennis, 1811 Merv Landing Drive, Oasis, and Leroy Jarolemeks, of Burley, appeared to talk to the Board about the proposed wind power ordinance.  Mr. Hennis stated that he had read the draft of the proposed ordinance and wondered whether the Board might like a citizens sub committee to work on it.  There was discussion whether more testimony could be taken.  The Board explained the hearing had been closed.  Ms. Hennis stated he would like to see the hearing be reopened.  The Board discussed the issue with the Prosecutor and decided they would go through the hearing process once again so that more input could be taken from the public.

 

Idaho Representative Pete Nielsen met with the Board by telephone and Colonel Bill Richey, Military Affairs Representative who was in the audience was asked to join the group.  Representative Nielsen stated he wanted to speak about a small area of the Snake River Birds of Prey National Conservation Area near his land and the gravel pit located in Township 4 South, Range 4 East.  The area is being used for All Terrain Vehicles (ATV) to recreate in.  Representative Nielsen stated that many of the people who reside on Mountain Home Air Force Base enjoy using the area for recreational purposes.  He would like to see action taken to set the area aside to allow those activities.  Colonel Richey has gone out and taken photographs of the area as well as preparing some maps of the area to support Representative Nielsen’s proposal.  Representative Nielsen stated he and Commissioner Cruser had been at a meeting recently when John Sullivan suggested that a meeting be held so that all the people with input could be there to voice their thoughts.  Representative Nielsen stated that area is a natural for ATV use with it’s hills and valleys.  The Board indicated they were interested in being kept informed on the matter. 

 

Layne Dodson, Community Relations Representative - Idaho Power, Lewis Wardle, Compliance Program Manager Hydro Re-licensing Department - Idaho Power, and Frank Edelmann, Wildlife Biologist Environmental Affairs - Idaho Power, appeared before the Board.  Mr. Dodson stated that they were here to present information to the Board about enhancements at C.J. Strike - plans for the future.  Mr. Dodson explained that their task as part of the re-licensing procedure is to submit a plan and conduct public workshops to interested parties.  Mr. Dodson presented the Board with copies of the order issuing new license from the Federal Energy Regulatory Commission.  Mr. Edelmann presented a very informative power point presentation to the Board about the re-licensing project.

 

Cathy Wyllie, Executive Director for the Elmore County Fair appeared before the Board to discuss the removal of her security badge.  Cathy told the Board the incident happened last Friday when her assistant was sent to the Courthouse to use the mail room.  She had given her security badge to the assistant and security confiscated the badge.  Cathy stated she had called Security and they had directed her to the Clerk, who she did call next.  Cathy stated that Clerk Best told her the badge would not be returned, but she could see the Board about it.  Procedures for maintaining security were discussed, as well as the costs involved and reasons for having a secured campus.  Cathy stated she had no idea, and just had not thought about her actions and offered an apology.  The Board asked that a second memo be given to all employees regarding security procedures and instructed Cathy to visit with Security and Clerk Best the next morning for resolution on her security badge.

 

Motion by Rose, second by Egusquiza, to go into Executive Session pursuant to Idaho Code 67-2345(b).

ROSE - AYE

EGUSQUIZA - AYE

CRUSER        - AYE     Motion carried and so ordered.